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InstagramLet’s filter (excuse the pun) through those boring Terms and Conditions!
Instagram, according to iTunes, is used and loved by over 150 million
people worldwide! This image sharing social media phenomenon
has captured the creativity and photographic passions of so many
people.(Source: https://itunes.apple.com/au/app/instagram/id389801252?mt=8)
Introduction
What must be asked, however, is: how many of these 150 million users have
actually read and understood the Instagram Terms and Conditions?
What’s more: how many users have read the T&Cs since their major overhaul on January 19, 2013?
Therefore, in the hopes of simplifying Instagram’s Terms and Conditions of use
significantly, let’s cut through the mumbo jumbo and walk through the points that
Instagram are trying to get across to their millions of users…
The following information was created from a subjective viewpoint using the
information contained within Instagram’s official Terms and Conditions at
http://instagram.com/about/legal/terms/#
The first section within Instagram’s Terms and Conditions of use outlines briefly and succinctly what cannot be
done using the platform…
Basic Terms
Some are quite simple and mostly involve basic common sense and
courtesy…
For all you pre-teens and kids out there, you’ll just have to wait until you’re at least 13 to use Instagram!
When using the Service, keep your clothes on, don’t get angry and don’t be mean to anybody else!
Take responsibility for what you, or other people, post using your account! What happens on your account is entirely your responsibility, so be careful what you do and make sure any uploaded content is lawfully acceptable!
Be careful with your login details and don’t lose your password!
Keep the niceties coming and avoid any mean or rude behaviour! Putting other people down or defaming them on Instagram will get you into serious trouble.
But others are a bit more complicated…
Make sure you check your local legislation and regulations as well before jumping on Instagram, as you’re bound by those conditions too!
If you’re using the web for other means, make sure you don’t imply that your own web presence is associated with Instagram! They won’t like you stealing their glory!
Instagram won’t allow you to use their Service or brand in any way to drive your own economic profits, unless they have given express permission!
Don’t put web addresses in your name without permission from Instagram!
Don’t create your Instagram account using and online robot or scripting service. Make sure you register yourself manually!
But what happens if I ignore these Basic Terms and do what I want on Instagram? Surely I can’t get into
that much trouble?
According to Instagram’s final Basic Term:“Violation of these Terms of Use may, in Instagram's sole discretion, result in termination of your Instagram account. You understand and agree that Instagram cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Instagram, we can stop providing all or part of the Service to you.” (Source: Basic Terms, pt. 17 - http://instagram.com/about/legal/terms/#)
So basically, yes, you can get into a lot of trouble if you do the wrong thing! Anything from account
termination to courtroom sentencing!
Next on Instragram’s list of Terms and Conditions is the General Conditions
sections.
Here we see exactly what Instagram can and can’t do with their users’
content.
General Conditions
Again, some of these conditions are relatively straightforward and
comprehensible…
Instagram can kick you off the site and suspend your account whenever they please!
When an account is terminated, any user rights and licenses also cease.
Instagram can change their T&Cs whenever they like, which will come into effect immediately.
They can refuse any person access to the site at any time, or can force them to forfeit their chosen username for any reason.
Any content posted on Instagram can be blocked, removed, deleted or monitored by the site administrators as they please!
Instagram administrators and owners take no responsibility for the behaviors and actions of the site’s users!
However, there are a few conditions that are only comprehensible if users are both lawyers and IT professionals
at the same time!
The points in summary translate as…
Don’t use Instagram for business or economic gain without permission!
Any data shared on the Service may caused personal information to be shared publicly.
Any data charges incurred from using the site are the user’s responsibility. Instagram won’t be paying your bills for you!
Don’t access Instagram using automated searching or crawling means – any use of the Service must be manually undertaken and not using a computer robot!
The Rights section contained within Instagram’s Terms and Conditions of
use document essentially details exactly what Instagram users and administrators have to right to use
the site to do…
Rights
Instagram can use the images you post on the site however they wish, but they do not own the images.
Instagram can advertise third party materials on the site.
Instagram’s logos and trademarked or registered content cannot be reused by others unless permitted by the site administrators!
The site administrators have the right to interrupt the Service at any time and are not liable for any subsequent inconvenience or loss caused to users.
Here, Instagram add brief points relating to copyright of online
materials…
Reporting Copyright and Other IP Violations
Essentially, if you repeatedly infringe copyright laws using Instagram, your
account will be disabled.
Instagram also provide a facility that allows users to report copyright infringements of their own content, which can be accessed
at http://help.instagram.com/customer/portal/articles/270501
These sections of the T&Cs covers much of the same ground as the
previous sections, such as…
Disclaimer of Warranties, Limitation of Liability, Indemnification and Arbitration
Instagram are not liable for any service faults or system issues that affect users, nor are they liable for any illegal or defamatory material posted on the site.
The Service is used at the risk and responsibility of the user.
Accessing the Service is presumably done so lawfully and any illegal behaviour is at the liability of the user.
This section is quite simple: any claim that users have arising from their
relationship with Instagram must be made within one year. Otherwise, the claim is permanently barred.
Time Limitation on Claims
This section states that any legal claim made against Instagram must be done so
in the state of California, USA. The claimant must also submit to the local
laws of Santa Clara (the home of Instagram in California).
So, if you want to sue Instagram, you’d better be prepare to travel! (Unless, of
course, you live in Santa Clara…)
Governing Law and Revenue
The final section of Instagram’s T&Cs essentially states that local laws apply to an individual’s use of
Instagram. In turn, if Instagram believe that use of the Service in any given jurisdiction may result in legal
burdens upon the company, they reserve the right to refuse access in
those areas.
Territorial Restrictions
So, there you have it. As we’ve seen, Instagram not only have quite a
significant of power over our use of their Service, but also have a
surprising amount of liberty when it comes to use of uploaded content.
It’s clear that getting to know these Terms and Conditions before using
Instagram next may save yourself a lot of inconvenience down the track!
Happy snapping!
iTunes Preview: Instagram. (2013) Retrieved from https://itunes.apple.com/au/app/instagram/id389801252?mt=8)
Instagram: Terms of Use. (2013). Retrieved from http://instagram.com/about/legal/terms/#
Real Estate California. [Image]. (2008). Retrieved from http://static.selectleaders.com/static/images/real-estate-california.jpg
Man Thinking. [Image]. (2011). Retrieved from http://dambreaker.files.wordpress.com/2011/12/man_thinking.jpg
References
Thumbs Up. [Image]. (2012). Retrieved from http://www.tofugu.com/wp-content/uploads/2013/02/thumbs-up-710x426.jpg
Copyright sign. [Image]. (2013). Retrieved from http://digitween12-2.flatclassroomproject.org/file/view/copyright%20sign.png/380814180/425x327/copyright%20sign.png
Handcuffs. [Image]. (2013). Retrieved from http://www.ausafe.com.au/attachments/Image/Handcuffs.jpg